Combating Proliferation of Weapons of Mass Destruction

Federal Bureau of InvestigationThe FBI’s role in countering espionage by foreign powers now includes responding toefforts directed by or sponsored by nations, sub-national groups, or terrorists to acquirechemical, biological, or nuclear weapons capability, or to deploy these weapons againstU.S. interests at home and abroad. In addition, in recent years the FBI’s authority toinvestigate and prosecute violations of law prohibiting the use of weapons of massdestruction has been expanded by several statutes:• Title 18 USC §831, which makes possession of and trafficking in nuclear materials acrime;• Title 18 USC §175 et seq., which prohibits the development, possession, ortrafficking of biological toxins for use as a weapon; and• Title 18 USC §2332 et seq., which prohibits the threat or actual use of weapons ofmass destruction against U.S. persons and property.In enacting these laws, Congress granted significant extraterritorial jurisdiction to the FBIwhen such attacks are perpetrated against U.S. citizens and property located overseas or,in some cases, when committed by U.S. citizens anywhere in the world. This expansion isa new direction for the FBI. Integrating these responsibilities with the work of theIntelligence Community and with diplomatic or military efforts in the aftermath of an eventoverseas can be problematic. Protecting a crime scene so that it can be processed byinvestigators is essential to a successful prosecution, but doing so in a foreign country canbe difficult. Diplomatic or military relationships with a host government may be more fruitfulin gaining their cooperation. The investigative methods traditionally used by lawenforcement to preserve prospects for a prosecution may be slower to uncover informationabout the perpetrators or possible future attacks than intelligence sources and methods ina foreign country. These factors should be considered and decisions should attempt tomaximize our options for response.Organization of the FBI to Combat ProliferationThe FBI fulfills its role in combating proliferation through its authorities under the ForeignIntelligence Surveillance Act and the enforcement of criminal violations of weaponstrafficking laws and counter-terrorism laws. The FBI must be prepared to respondappropriately when foreign powers target US Government facilities or personnel to acquireweapons of mass destruction or related technologies. Recent revelations of the activitiesof foreign nationals working in or visiting the national laboratories underscore theimportance of counterintelligence activities—as led by the FBI—in combating proliferation.84